General Terms and Conditions
Framework for the business relationship between Everon AG and its clients.
I. Scope
1. Applicability
These General Terms and Conditions (GTC) apply to all business relationships between Everon AG, Gartenstrasse 17, 8002 Zurich (hereinafter "Everon") and its clients (hereinafter "Client"). In particular, they govern the use of the digital platform and of the services provided through it.
2. Amendments
Everon reserves the right to amend these GTC at any time. Amendments will be communicated to the Client in writing or in electronic form. If the Client does not object to the amended GTC within 30 days of receipt, they are deemed to be accepted.
3. Precedence
In the event of conflicts between these GTC and individual contractual agreements, the individual agreements take precedence.
II. Content of the contract
1. Services
Everon provides wealth management services in accordance with the wealth management agreement concluded with the Client. The scope of the services is governed by the respective agreement and the chosen investment profile.
2. Digital platform
Everon provides the Client with a digital platform (app and/or web application) through which the Client can view their portfolio and communicate with Everon. Access to the platform is personal and non-transferable.
3. Communication
Communication between Everon and the Client generally takes place via the digital platform, by email or by post. The Client is responsible for providing and updating their contact details.
4. Third-party providers
Everon works with custody banks and other third-party providers to deliver its services. Client assets are held at regulated custody banks and are segregated from Everon's own assets. The respective custody banks' own terms and conditions apply to their services.
III. Client obligations
1. Duty to provide information
The Client is obliged to provide Everon with all information required for the provision of the services in a complete and accurate manner. Changes to personal or financial circumstances must be notified to Everon without delay.
2. Access credentials
The Client is responsible for the safe custody of their access credentials to the digital platform. The Client must ensure that third parties do not gain access to their credentials. In case of suspected unauthorised access, the Client must inform Everon without delay.
3. Tax obligations
The Client is solely responsible for fulfilling their tax obligations. Everon does not provide tax advisory services.
IV. Liability
1. Limitation of liability
Everon is liable for damages only in cases of intent and gross negligence. Liability for ordinary negligence is excluded to the extent permitted by law.
2. Investment risks
The Client acknowledges that investments in financial markets involve risks and that the value of investments can fluctuate. Everon does not guarantee the success of the wealth management service or any particular return.
3. Platform availability
Everon strives to ensure high availability of the digital platform but cannot guarantee uninterrupted availability. Everon is not liable for damages caused by temporary unavailability of the platform.
4. Third-party providers
Everon is not liable for acts or omissions of the custody banks or other third-party providers, unless Everon has selected or supervised them without the required due care.
V. Termination
1. Ordinary termination
Both parties may terminate the contractual relationship subject to the notice period set out in the wealth management agreement. Termination must be in writing.
2. Extraordinary termination
Both parties reserve the right to terminate the contractual relationship for good cause without notice. Good cause exists in particular in the event of material breach of contract, insolvency or suspicion of unlawful conduct.
3. Consequences of termination
On termination of the contractual relationship, Everon will wind down the wealth management service in an orderly manner. The Client will be asked to provide instructions for the transfer of their assets. These GTC continue to apply until the winding-down is completed.
VI. Final provisions
1. Applicable law
These GTC and the entire contractual relationship between Everon and the Client are governed by Swiss law.
2. Jurisdiction
The exclusive place of jurisdiction is Zurich, Switzerland, subject to mandatory statutory places of jurisdiction.
3. Severability
Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.
4. Written form
Amendments and additions to these GTC require written form. This also applies to any waiver of this written-form requirement.